Fair Labor Standards Act
The federal Fair Labor Standards Act (FLSA) covers all employees and determines employees eligibility for overtime pay when more than 40 hours are worked in a week. The most common exemptions from the FLSA provisions are for employees who function in an executive, administrative or professional capacity or those who meet the other standards as outlined in guidelines provided by the U.S. Department of Labor.
Exempt (salaried) employees
are compensated based upon their total job responsibilities and are only eligible for overtime in certain circumstances.
Non-exempt (hourly) employees
must be paid or given compensatory time at the rate of time and ½ for all hours worked in excess of 40 hours per week. Non-exempt employees are not to work overtime unless prior approval is granted by their supervisor.
Except for law enforcement officers, FLSA non-exempt employees must be paid at a premium rate or receive compensatory time credits at a rate of 1.5 hours per hour worked, for each hour worked in excess of 40 hours in a workweek. Hours worked do not include hours of paid leave. Law enforcement officers must be paid at a premium rate or receive compensatory time credits at a rate of 1.5 hours per hour worked, for each hour worked in excess of 80 hours in a 2-week pay period.
Compensatory Time in Lieu of Overtime Payment
Each UW institution has the authority to decide whether to provide compensatory time in lieu of cash for overtime for FLSA non-exempt employees. Please see the UW-Green Bay Compensatory Time Policy
for further details.